THE 


SEQUESTRATI0N>J  ACT 


oi-'  THE  '      f 


GUIOE^ESATrJlATES, 


\V   I'H 


THE    INSTRUCTIONS  FRO^^  "•    '  '  ipTORXEY   GENE- 
RAL OF  THE  CONFKi  IoItaTE^  TO 
RECEIVFRS  UNDER  Tiim  CT. 


THE  RULES  OF  THE  DISTRICT  COMt  OF  THE*  CON- 
FEDERATE STATES  FOR  TiJdiSTRICT 
OF  SOUTH  CAROLJ 


AND 


AN  APPENDIX  OF  FOfMS. 


CHAsELEJTON.il? 

I'RINTED   BY   A.   J.    BURKE,   40    Bi;(   i'  ET. 


I  1 


"> 


THS 


SEQUESTRATION   ACT 


OF  THE 


CONFEDERATF-^  STATES, 


.lU, 

WITH  ,  'i' 


THE   INSTRUCTIONS  FROM  TH  'j,  ATTORNEY  GENE- 
RAL OF  THE  CONFEDER.^  WE  STATES  TO 
RECEIVERS  UNDER  '»  HE  ACT. 


THE  RULES  OF  THE  DISTRICT  OURT  OF  THE  CON- 
FEDERATE STATES  FOR  IHE  DISTRICT 
OF  SOUTH  CAROLINA, 


AND 


AN  APPENDIX  OF  FORMS. 


CHARLESTON. 

PRINTED   BY  A.   J.   BURKt,   40  BROAD-STREET. 
186L 


> 


vi 


r-^ 


TH2  SEQUESTRATION  ACT. 


An  Act  for  tiie  Seqiiestrafion  of  the  Esfafes,  Property  and  Effects 
of  Alien  Enemies,  and  for  the  Indebmifi/  of  Citizens  ot  the  Con- 
federate States,  and  Fersouf  :ndi%  the  same  in  the  Existing 
War  u'ith  the   United  States.        ^ 

Whereas,  The  Government  and  people  of  tlie  United  States 
have  departed  from  the  usai^-es  of  civiH/xd  warfare  in  confis- 
cating and  destroying  the  property  of  the  people  of  the  Con- 
federate States  of'  all  kinds,  whether^  used  for  military  purposes 
or  not;  and,  whereas,  our  only  protect i<Hi  against  such  wrongs 
is  to  be  found  in  such  measures  of  ret;iliation  as  will  ultimately 
indemnify  our  citizens  for  their  losses,  and  restrain  the  wanton 
excesses  of  our  enemies;  Therefore, 

SECtiON  1.  Be  it  enacted  by  the  Congress  of  the*  Confederate 
States  of  America,  That  all  and  every,  the  lands,  tenements 
and  hereditaments,  goods  and  cbn-ttels,  lights  and  credits,  with- 
in these  Confederate  States,  and  every  right  and  interest  there- 
in held,  owned,  possessed  or  enjoyed  by  or  for  any  alien  enemy 
since  the  twenty-first  day  of  May,  one  thousand  eight  hundred 
and  sixty-one,  except  such  debts  due  to  an  alien  enemy  as  may 
bave  been  paid  into  the  Treasury  of  any  one  of  the  Confede- 
rate States  prior  to  the  passage  of  this  law,  be,  and  the  same 
are  hereby  sequestered  by  the  Confederate  States  of  America, 
and  shall  be  held  for  the  full  indemnity  of  any  true  and  loyal 
citizen  or  resident  of  these  Confederate  States,  or  other  person 
aiding  said  Confederate  States  in  the  prosecution  of  the  pre- 
sent war  between  said  Confederate  States  and  the  United 
States  of  America,  and  for  which  he  may  suffer  any  loss  or  in- 
jury under  the  act  of  the  United  Stales  to  which  this  act  is 
retaliatory,  or  under  any  other  act  of  the  United  States,  or  of 
any  State  thereof  autliorizing  the  seizure,  condemnation,  or 
confiscation  of  the  property  of  citizens  or  residents  of  the 
Confederate  States,  or  other  p^-rson  aiding  said  Confederate 
States,  and  the  same  shall  be .  seized  and  disposed  of  as  pro- 
vided for  in  this  act:  Provided,  however,  When  the  estate, 
property  or  rights  to  be  effected  -by  this  act  were,  or  are  within 
some  State  of  this  Confederacy,  which  has  become  such  since 


said  twenty-first  day  of  May,  then  this  act  shall  operate  upon, 
and  as  to  such  estate,  property  or  rights,  and  all  persons  claim- 
ing the  same  from  and  after  the  day  such  State  became  a  mem- 
ber of  this  Confederacy,  and  not  before:  Provided,  further, 
That  the  provisions  of  this  act  shall  not  extend  to  the  stocks  or 
other  public  securities  of  the  Confederate  Government,  or  of 
any  of  the  States  of  this  Coni'oderacy,  held  or  owned  by  any 
alien  enemy,  or  to  any  debt,  obligation,  or  sum  due  from  the 
Confederate  Government,  or  any  of  the  States,  to  such  alien 
enemy:  And  provided,  also,  That  the  provisions  of  this  act 
shall  not  embrace  the  pro})erty  of  citizens  or  residents  of  either 
of  the  States  of  Delaware,  Maryland,  Kentucky  or  Missouri,  or 
of  the  District  of  Columbia,  or  the  Territories  of  New  Mexico, 
Arizona,  or  the  Indian  Teiritory  South  of  Kansas,  except  such 
of  said  citizens  or  residents  as  shall  commit  actual  hostilities 
against  the  Confederate  States,  or  aid  and  abet  the  United 
States  in  the  existing  war  against  the  Confederate  States. 

Sec.  2.  And  be  it  further  enacted,  That  it  is,  and  shall  be 
the  duty  of  each  and  every  citizen  of  these  Confederate  State's 
speedily  to  give  information  to  the  officers  charged  with  the 
execution  of  this  law  of  any  and  every  lands,  tenements  and 
hereditaments,  goods  and  chattels,  rights  and  credits  within 
this  Confederacy,  and  of  every  right  and  interest  therein 
held,  owned,  possessed  or  enjoyed  by  or  for  any  alien  enemy  as 
aforesaid. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
every  attorney,  agent,  former  partner,  trustee  or  other  person 
holding  or  controlling  any  such  lands,  tenements  or  heredita- 
ments, goods  or  chattels,  rights  or  credits,  or  any  interest  there- 
in, of  or  for  any  such  alien  enemy,  speedily  to  inform  the  Re- 
ceiver, hereinafter  provided  to  be  appointed,  of  the  same,  and 
to  render  an  account  thereof,  and,  so  far  as  is  practicable,  to 
place  the  same  in  the  hands  of  such  Receiver;  whereupon,  such 
person  shall  be  fully  acquitted  of  all  responsibility  for  property 
and  effects  so  reported  and  turned  over.  And  any  such  person 
wilfully  failing  to  give^such  information  and  render  such  ac- 
count shall  be  guilty  of  a  high  misdemeanor,  and,  upon  indict- 
ment and  conviction,  shall  be  fined  in  a  sum  not  exceeding  five 
thousand  dollars  and  imprisoned  not  longer  than  six  months, 
said  fine  and  imprisonment  to  be  determined  by  the  Court  try- 
ing the  case,  and  shall  further  be  liable  to  be  sued  by  said 
Confederate  States,  and  subjected  to  pay'double  the  value  of 
the  estate,  property  or  effects  of  the  aheu  enemy  held  by  him 
or  subject  to  his  control. 

Sec.  4.  It  shall  be  the  duty  of  the  several  Judges  of  this 
Confedepacy  to  give  this  act  specially  in  charge  to  the  Grand 
Juries  of  these  Confederate  States,  and  it  shall   be  their  duty 


at  each  sitting  well  and  truly  to  inquire  and  report  all  landn, 
tenements  and  hereditaments,  goods  and  chattels,  rights  and 
credits,  and  every  interest  therein,  ^within  the  jurisdiction  of 
said  Grand  Jury,  held  by  or  for  any|alien  enemy,  and  it  shall 
be  the  duty  of  the  seyeral  Receivers,  a [) pointed  under  this  act, 
to  take  a  copy  of  every  such  report,iand  to  proceed  in  obtain- 
ing the  possession  and  control  of  all  such  property  and  effects 
reported,  and  to  institute  proceedings  for  the  sequestration 
thereof  in  the  manner  hereinafter  provided. 

Sec,  5.  Be  it  further  enacted.  That  each  Judge  of  this  Con- 
federacy shall,  as  early  as  practicable,  appoint  a  Receiver  for 
each  section  of  the  State  for  which  he  holds  a  Court,  and  shall 
require  him,  before  entering  upon  the  duties  of  his  office,  to 
give  a  bond  in  such  penalty  as  iiay  be  prescribed  by  the 
Judge,  conditioned  that  he  will  diiHgentl}^  and  faithfully  dis- 
charge the  duties  imposed  on  him  by  law.  And  said  officer 
shall  hold  his  office  at  the  pleasure  of  the  Judge  of  the  district  or 
section  for  which  he  is  appointed,  and  shall  be  removed  for  in- 
competency, or  inefficiency,  or  infidelity  in  the  discharge  of  his 
trust.  And  should  the  duties  of  any  such  Receiver,  at  any 
time,  appear  to  the  Judge  to  be  greater  than  can  be  efficiently 
performed  by  him,  then  it  shall  be  t^c  duty  of  the  Judge  to 
divide  the  district  or  section'into  one  or  more  Receiver's  dis- 
tricts, according  to  the  necessities  of  the  case,  and  to  appoint  a 
Receiver  for  each  of  said  newly  created  districts.  And  every 
such  Receiver  shall  also,  before  entering  upon  the  duties  of  his 
office,  make  oath  in  writing  before,  the  Judge  of  the  district  or 
section  for  which  he  is  appointed,  diligently,  well  and  truly  to 
execute  the  duties  of  his  office. 

Sec.  6.  Be  it  further  euacted.  That  it  shall  be  the  duty  of 
the  several  Receivers  aforesaid  to  take  the  possession,  control 
and  management  of  all  lands,  tenements  and  hereditaments, 
goods  and  chattels,  rights  and  credits  oi  each  and  every  alien 
enemy  within  the  seciion  for  which  he  nets.  And  to  this  end 
he  is  empowered  and  required,  whenever  necessary  for  accom- 
plishing the  purposes  of  this  Act,  to  sue  for  and  recover  the 
same  in  the  name  of  said  Confederate  States,  allowing  in  the 
recovery  of  credits,  such  delays  as  may  have  been  or  may  be 
prescribed  in  any  State  as  to  the  collection  of  debts  therein 
during  the  war.  And  the  form  and  mode  of  action,  Avhether 
the  matter  be  of  jurisdiction  in  Law  or  Equity,  shall  *be  by  pe- 
tition to  the  Court  setting  forth,  as  best  he  can,  the  estate, 
property,  right  or  thing  sought  to  be  recovered,  with  the  name 
of  the  person  holding,  exercising  supervision  over,  in  possession 
of  or  controlling  the  same,  as  the  case  may  be,  and  praying  a 
sequestration  thereof.  Notice  shall  hereupon  be  forthwith 
issued  by  tlio  Clerk  of  the  Court,  or  hy  the  Receiver,  to  such 


m 


6 

person,  with  a  oopy  of  the  petition,  and  the  same  shall  be 
served  by  the  Marshal  or  liis  deputy  and  returned  to  the  courts 
as  other  mesne  process  in  law  cases:  whereupon  the  cause  shall 
be  docketed  and  stand  for  trial  in  the  court  according  to  the 
usual  course  of  its  business,  and  the  court  or  Judge  shall,  at 
any  time,  make  all  orders  of  seizure  that  ma}'^  seem  necessary 
to  secure  the  subject  matter  of  the  suit  from  danger  of  loss, 
injury,  destruction  or  waste,  and  may,  pending  the  cause,  make 
orders  of  sale  in  cases  that  may  seem  to  such  Judge,  or  court, 
necessary  to  preserve  any  property  sued  for  from  perishing  or 
■waste:  Provided,  That  in  any  case  when  the  Confederate 
Judge  shall  find  it  to  be  consistent  with  the  safe  keeping  of  the 
propert}'  so  sequestered  to  leave  the  same  in  the  hands  and  un- 
der the  control  of  any  debtor  or  person  in  whose  hands  the 
real  estate  and  slaves  were  seized,  who  may  be  in  possession  of 
the  said  property  or  credits,  he  shall  order  the  same  to  remain 
in  the  hands  and  under  the  control  of  said  debtor  or  person  in 
whose  hands  the  real  estate  and  slaves  were  seized,  requiring 
in  every  such  case  such  security  for  the  safe-keeping  of  the 
property  and  credit  as  he  may  deem  suflScient  for  the  purpose 
aforesaid,  and  to  abide  by  such  further  orders  as  the  court  may 
make  in  the  premises.  But  this  proviso  shall  not  apply  to 
bank  or  other  corporation  stock,  or  dividends  due,  or  which  may 
be  due  thereon,  or  to  rents  on  real  estate  in  cities.  And  no 
debtor  or  other  person  shall  be  entitled  to  the  benefit  of  this 
proviso  unless  he  has  first  pai^  into  the  hands  of  the  Receiver 
all  interests  or  net  profits  which  may  have  accrued  since  the 
21st  May,  eighteen  hundred  and  sixty-one;  and,  in  all  cases 
coming  under  the  proviso,  such  debtor  shall  be  bound  to  pay 
over  annually  to  the  Receiver  all  interest  which  may  accrue  as 
the  same  falls  due:  and  the  person  in  whose  hands  any  other 
property  may  be  left  shall  be  bound  to  account  for,  and  pay 
over  annually  to  the  Receiver  the  net  income  or  profits  of  said 
property,  and  on  failure  of  such  debtor  or  other  person  to  pay 
over  such  interest,  net  jncome  or  profits,  as  the  same  falls  due, 
the  Receiver  may  demand  and  recover  the  debt  or  property. 
And,  Avherever,  after  ten  days'  notice  to  any  debtor  or  person 
in  whose  hands  property  or  debts  may  be  left,  of  an  application 
for  further  security,  it  shall  be  made  to  appear  to  the  satisfac- 
tion of  tl»e  court  that  the  securities  of  such  debtor  or  person 
are  not  ample,  the  court  may,  on  the  failure  of  the  party  to  give 
sufficient  additional  security,  render  judgment  against  all  the 
parties  on  the  bond  for  the  recovery  of  the  debt  or  property: 
Provided,  further.  That  said  court  may,  whenever  in  the  opin- 
ion of  the  Judge  thereof  tlie  public  exigencies  may  require  it, 
pi'der  the  morey  duo  as  aforesaid  to  be  demanded  by  the  Re-' 
peiver,  and  if  upon  demand  of  the  Receiver,  made  in  conform- 


ity  to  a  decretal  order  of  the  court  requiring  said  Receiver  to 
collect  any  debts  for  the  payment  of  ■which  security  may  have 
been  given  under  the  provision  of  thii  Act,  the  debtor  or  liis 
security  shall  fail  to  pay  the  same,  then  upon  ten  days'  notice 
the  said  debtor  and  his  security,  given  by  said  Receiver,  of  a 
motion  to  be  made  in  said  court  for  judt;aient  for  the  amount 
so  secured,  said  court,  at  the  next  term  thereof,  ma}''  proceed  to 
render  judgment  against  said  principal  and  security,  or  against 
the  party  served  with  such  notice,  for  the  sum  so  secured,  with 
interest  thereon,  in  the  name  of  said  Receiver,  and  to  issue  ex- 
ecution therefor. 

Sec.  7.  Any  person  in  the  possession  apd  control  of  the  sub- 
ject matter  of  any  such  suit,  or  claiming  any  interest  therein, 
may,  by  order  ot  the  court,  be  admitted  as  a  defendant  and  be 
allowed  to  defend  to  the  extent  of  the  interest  propounded  by 
him;  but  no  person  shall  be  heard  in  defence,  until  he  shall  file 
a  plea,  verified  by  affidavit  and  signed  by  him,  setting  forth 
that  no  Alien  Enemy  has  any  interest  in  the  right  which  ho 
asserts,  or  for  which  he  litigates,  either  directly  or  indirectly, 
by  trust,  open  or  secret,  and  that  he  litigates  solely  for  himself, 
or  for  some  citizen  of  the  Confederate  ^^tates  whom  he  legally 
represents;  and  when  the  defence  is  conducted  for  or  on  ac- 
count of  another,  in  whole  or  part,  the  pica  shall  set  forth  the 
name  and  residence  of  such  other  person,  and  the  relation  that 
the  defendant  bears  to  him  in  the  litigation.  If  the  cause  in- 
volves matter  which  should  be  tried  by  a  jury,  according  to  the 
course  of  common  law,  the  defendant  ehnll  he  entitled  to  a  jury 
trial.  If  it  involves  matters  of  equity  jurisdiction,  the  court 
shall  proceed  according  to  its  usual  mode  of  procedure  in  such 
cases,  and  the  several  courts  of  this  Confederacy  may,  from 
time  to  time,  establish  rules  of  procedure  under  this  act,  not 
inconsistent  with  the  act  or  other  laws  of  these  Confederate 
States.  ■  .  . 

Sec.  8.  Be   it   further  enacted,  That  the  Clerk  of  the  court  b^'- 
shall,  at  the  request  of  the  Receiver,  from  time  to  time,  issue . 
writs   of  garnishments,  directed   to  one  or  more  persons,  com- 
manding them  to  appear  at  the   then   sitting,   or  at  any  future, 
term  of  the  court,  and  to  answer  under  oath  what  property  or 
effects  of  any  Ahen  Enemy  he  had  at  the  service  of  the  pro- 
cess, or  since  has  had  under  his  possession  or  control  belonging^ 
to  or  held  for  an  Alien  Enemy,  or  in  what  sum,  if  any,  he  is  or 
was  at  the  time  of  service   of  the   garnishment,   or   since   has 
been  indebted  to  any  Alien  Enemy,  and  the  court  shall  have 
power  to  condemn  the  property  or  effects,  or  debts,  according 
to  the  answer,  and  to  make  such  rules  and  orders  for  the  bring- 
ing in  of  third  persons  claiming  or  disclosed  by  the  answer  to 
have  an  interest  in  the  litigation  as  to  it  shall  seem  proper;  but 


m  no  case  shall  any  one  be  hea,rd  in  re^ject  thereto  until  ho 
shall,  by  sworn  plea,  set  forth  substantially  the  matters  before 
required  of  parties  pleading.  And  the  decree  or  judgment  of 
the  court,  rendered  in  conformity  to  this  act,  shall  forever  pro- 
tect the  garnishee  in  respect  to  the  matter  involved.  And  in 
all  cases  of  garnishment  under  this  Act,  the  Receiver  may  test 
the  truth  of  the  garnishee's  answer  by  filing  a  statement,  under 
oath,  that  he  believes  the  answer  to  be  untrue,  specifying  the 
particulars  in  which  he  believes  the  garnishee  has,  by  omission 
or  commission,  not  answered  truly;  whereupon  the  court  shall 
cause  an  issue  to  be  made  between  the  Receiver  and  garnishee, 
and  judgment  rendered  upon  the  trial  of  other  issues.  And  in 
all  cases  of  litigation  under  this  Act,  the  Receiver  may  pro- 
pound interrogatories  to  the  adverse  party  touching  any  mat- 
ter involved  in  the  litigation,  a  copy  of  which  shall  be  served 
on  the  opposite  party  or  his  attorney,  and  which  shall  be  an- 
swered under  oath  within  thirty  daj^s  of  such  service,  and  upon 
failure  so  to  answer,  the  court  shall  make  such  disposition  of 
the  cause  as  shall  to  it  seem  most  promotive  of  justice,  or 
should  it  deem  answers  to  the  interrogatories  necessary  in  or- 
der to  secure  a  discovery,  the  court  shall  imprison  the  party  in 
default  until  full  answers  shall  be  made. 

Sec.  9.  It  shall  be  the  duty  of  the  District  Attorney  of  the 
Confederate  States,  diligently  to  prosecute  all  causes  instituted 
under  this  act,  and  he  shall  receive  as  a  compensation  therefor 
two  per  cent,  on  and  from  the  fruits  of  all  litio'ation  instituted 
under  this  act:  Provided,  That  no  matter  shall  te  called  liti- 
gated except  a  defendant  be  admitted  by  the  court,  and  a  pro- 
per plea  be  filed. 

Sec.  10.  Be  it  further  enacted,  That  each  Receiver  appoint- 
ed under  this  act,  shall,  at  least  every  six  months,  and  as  much 
oftener  as  he  may  be  required  by  the  Court,  render  a  true  and 
perfect  account  of  the  piatters  in  his  hands  or  under  his  con- 
trol under  the  law,  a(id  shall  make  and  state  just  and  perfect 
accounts  and  settleme*nts  under  oath  of  his  collections  of  mo- 
neys and  disbursements  under  this  law,  stating  accounts  and 
making  settlements  of  all  matters  separately,  in  the  same  way 
as  if  he  were  administrator  of  several  estates  of  deceased  per- 
sons by  separate  appointments. '  And  the  settlements  and  de- 
crees shall  be  for  each  case  or  estate  separately,  so  that  the 
transaction  in  respect  to  each  Alien  Enemy's  property  may  be 
kept  recorded  and  preserved  separately.  No  settlement  as 
above  provided  shall,  however,  be  made  until  judgment  or  de- 
cree of^sequestration  shall  have  passed,  but  the  court  may  at 
any  time  pending  litigation,  require  an  account  of  matters  in 
litigation  and  in  the  possession  of  the  Receiver,  and  may  make 
such  orders  touching  the  same  as  shall  protect  the  interest  of 
the  parties  concerned. 


Sec.  11.  When  the  accounts  of  any  Receiver  shall  b^  filed 
fespecting  any  matter  which  has  passed  sequestration,  the 
court  shall  appoint  a  day  for  settlement,  and  notice  thereof 
shall  be  published  consecutively  for  four  weeks  in  some  news- 
paper near  the  place  of  holding  tho  court,  and  the  Clerk  of 
the  court  shall  send  a  copy  of  such  newspaper  to  the  District 
Attorney  of  the  Confederate  States,  for  the  court,  where  the 
matter  is  to  be  heard,  and  it  shall  be  the  duty  of  said  District 
Attorney  to  attend  the  settlement  and  represent  the  Govern- 
ment, and  see  that  a  full,  true  and  just  settlement  is  made. 
The  several  settlements  preceding  the  final  one  shall  be  inter- 
locutory only,  and  may  bo  impeached  by  the  final  settlements, 
which  latter  shall  be  conclusive  unless  reversed  or  impeached 
within  two  years,  for  fraud. 

Sec.  12.  Bo  it  further  enacted,  That  the  court  having  juris-  t^V"-^^ 
diction  of  the  matter  shall,  whenever  sufficient  cause  is  shown   *  '^f  ^ , 
therefor,  direct  the  sale  of  any  personal  property,  other  than 
slaves,   sequestered   under  this    act,  on    such  terms  as  to  it 
shall  seem  best,  and  such  sale  shall  pass  the  title  of  the  person 
as  whose  property  the  same  has  been  secjuestered. 

Sec.  13.  All  settlements  of  accounts  of  Receivers  for  seques- 
tered property  shall  be  recorded,  and  a  copy  thereof  shall  bo 
forwarded  by  the  Clerk  of  the  court  to  the  Treasurer  of  the 
Confederate  States  within  ten  days  after  the  decree,  interlocu- 
tory or  final  has  been  passed;  and  all  balances  found  against  the 
Receiver  shall  by  him  be  paid  over  into  the  court,  subject  to 
the  order  of  the  Treasurer  of  the  Confederate  States,  and  upon 
the  failure  of  the  Receiver  for  five  days  to  pay  over  the  same, 
execution  shall  issue  therefor,  and  he  shall  be  liable  to  attach- 
ment by  the  court  and  to  suit  upon  his  bond.  And  any  one 
embezzling  any  money  under  this  act  shall  be  liable  to  indict- 
ment, and  on  conviction  shall  be  confined  at  hard  labor  for  not 
less  than  six  months  nor  more  than  five  years,  in  the  discretion 
of  the  court,  and  fined  in  double  the  amount  embezzled. 

Sec.  14.  Be  it  further  enacted.  That  the  President  of  tho 
Confederate  States  shall,  by  and  with  tlie  advice  and  consent 
of  Congress,  or  of  the  Senate,  if  the  appointment  be  made 
under  the  permanent  government,  appoint  thVee  discreet  Com- 
missioners, learned  in  the  law,  who  shall  hold  at  the  seat  of 
Government  two  terms  each  year,  upon  notice  given,  who  shall 
sit  so  long  as  the  business  before  them  sliall  require,  whose  du- 
ty it  shall  be,  under  such  rules  as  they  may  adopt,  to  hear  and 
adjudge  such  claims  as  may  be  brought  before  them  by  any 
one  aiding  this  Confederacy  in  the  present  M'ar  against  the 
United  States,  who  shall  alledge  that  he  has  been  put  to  loss 
under  the  act  of  the  United  States,  in  retaliation  of  which  thi» 
act  is   passed,  or  under  any  other  act  of  the  United  States,  (x 

2 


10 

of  any  State  thereof,  authorizirig  the  seizure,  condemnation  or 
confiscation  of  the  property  of  any.  citizen  or  resident  of  the 
Confederate  States,  or  other  person  aiding  said  Confederate 
States  in  the  present  war  against  the  United  States,  and  the 
finding  of  such  commissioners  in  favor  of  any  such  claim  shall 
be  prima  facie  evidence  of  the  correctness  of  the  demand,  and 
whenever  Congress  shall  pass  the  claim,  the  same  sliall  be  paid 
from  any  money  in  the  Treasury  derived  from  sequestration 
under  this  act:  Provided.  That  said  Board  of  Commissioners 
shall  not  continue  beyond  the  organization  of  the  Court  of 
Claims,  provided  for  by  the  constitution:  to  which  Court  of 
Claims  the  duties  herein  provided  to  be  discharged  by  Com- 
missioners shall  belong  upon  the  organization  of  said  court. 
The  salaries  of  said  Commissioners  shall  be  at  the  rate  of  two 
thousand  five  hundred  dollars  per  annum, '  and  shall  be  paid 
from  the  Treasury  of  tlie  Confederacy.  And  it  shall  be  the 
duty  of  the  Attornej'-  Ceueral  or  his  assistant  to  represent  the 
interests  of  this  Government  in  all  cases  arising  under  this  act 
before  said  Board  of  Commissioners. 

Sec.  15.  Be  it  further  enacted.  That  all  expenses  incurred 
in  proceedings  under  this  Act  shall  be  paid  from  the  sequestra- 
ted fund,  and  the  Judges,  in  settling  accounts  with  Receivers, 
shall  make  to  them  proper  allowances  of  compensation,  taking 
two  and  a  half  per  cent,  on  receipts,  and  the  same  amount  on 
expenditures,  as  reasonable  compensation,  in  all  cases.  The 
fees  of  the  officers  of  court  shall  be  such  as  are  allowed  by  law 
for  similar  services  in  other  cases,  to  be  paid,  however,  only 
from  the  sequestered  finv^;  Provided,  that  all  sums  realized  by 
any  Receiver  in  any  one  year  for  his  services,  exceeding  five 
thousand  dollars,  shall  be  paid  into  the  Confenerate  Treasury, 
for  the  use  o?  the  Confederacy. 

Sec.  16.  Be  it  further  enacted,  That  the  Attorney  General 
shall  prescribe  such  uniform  rules  of  proceeding  under  this  law, 
not  herein  otherwise  provided  for,  as  shall  meet  the  necessities 
of  the  case.  * 

Sec.  17,  Beit  further  enacted,  That  appeals  may  lie  from 
any  final  decision  of  the  court  under  this  law  in  the  same  man- 
ner and  within  the  same  time  as  is  now,  or  hereafter  may  be  by 
law  prescribed  for  appeals  in  other  civil  cases. 

Sec.  18.  Be  it  further  enacted.  That  the  word  "person"  in 
this  law  includes  all  private  corporations;  and  in  all  cases,  when 
corporations  become  parties,  and  this  law  requires  an  oath  to 
be  made,  it  shall  be  made  by  some  officer  of  such  corporation. 

Sec.  19.  Be  it  further  enacted,  That  the  courts  are  vested 
with  jurisdiction,  and  required  b}^  this  act  to  settle  all  partner- 
ships heretofore  «^xi8ting  between  a  citizen  and  one  who  is  an 
Alien  Enemy;  to  seperate  the  interest  of  the  AUen  Enemy, 


11 

and  to  sequester  it.  And  shall,'  also,  sever  all  joint  rights  when 
an  Alien  Enemy  is  concerned,  and  sequestrate  the  interest  of 
such  Alien  Enemy. 

Sec.  20.  Be  it  further  enacted,  That  in  all  cases  of  adminis- 
tration of  any  matter  or  thing,  under  this  act,  the  court  having 
jurisdiction  may  make  such  orders  touching  the  preservation 
of  the  property  or  effects  under  the  direction  or  control  of  the 
Receiver,  not  inconsistent  with  the  foregoing  provisions,  as  to 
ii  shall  seem  proper.  Aud  the  Receiver  may,  at  any  time,  ask 
arid  have  the  instructions  of  the  court,  or  judge,  respecting  his 
conduct  in  the  disposition  or  management  of  any  property  or 
effects  under  his  control. 

Sec.  21.  That  the  Treasury  Notes  of  this  Confederacy  shall 
be  receiveable  in  payment  of  all  purchases  of  property  or  ef- 
fects sold  under  this  act. 

Sec.  22.  Be  it  further  enacted.  That  nothing  in  this  act  be 
construed  to  destroy  or  impair  the  lien  or  other  rights  of  any 
creditor,  a  citizeu  or  resident  of  either  of  the  Confederate 
States,  or  of  any  other  person,  a  citizen  or  resident  of  any 
country.  State  or  Territory,  with  which  this  Confederacy  is  in 
friendship,  and  which  person  is  not  in  actual  hostihty  to  this 
Confederacy.  And  any  lien  or  debt  c'.imed  against  any  Alien 
Enemy,  within  the  moaning  of  this  act,  shall  be  propounded 
and  filed  in  the  court,  in  which  the  proceedings  of  sequestra- 
tion are  had,  within  twelve  months  from  the  institution  of  such 
proceedings  foi*  sequestration;  and  the  court  shall  cause  all  pro- 
per parties  to  bo  made  and  notices  to  be  given,  and  shall  hear 
and  determine  the  respective  rights  of  all  parties  concerned: 
Provided,  however,  that  no  sales  or  payments  over  of  money 
shall  be  delayed  for,  or  by  reason  of  such  rights  or  proceed- 
ings; but  any  money  realized  by  the  Receiver,  whether  paid 
into  the  court,  or  Treasury,  or  still  in  the  Receiver's  hands, 
shall  stand  in  lieu  of  that  which  produced  said  money,  and  be 
held  to  answer  the  demands  of  the  creditors  aforesaid,  in  the 
same  manner  as  that  which  produced  such  money  was.  And 
all  claims  not  propounded  and  filed  as  aforesaid,  within  twelve 
months  as  aforesaid,  shall  cease  to  exist  against  the  estate,  pro- 
perty, or  effects  sequestrated,  or  the  proceeds  thereofl 

Approved  August  30,  1861. 


12 


DEPARTirENT  OF   JUSTICE,       ) 

EiCHMOND,  12th  Septemlx  V,  1861.  j 
Instructions  to  Beceivers  vnder  the  Act  entitled  "  An  Act  for  the 
Sequestration  of  the  Estates,  Property  and  Effects  of  Alien  En- 
emies, and  for  the  Indemnity  of  Citizens  of  the  Confederate 
States,  and  Persons  aiding  the  same  in  the  existing  War  against 
tlie  United  States."— A2'^jroved  dOth  Ilarch,  1861. 

I.  The  following  persons  are  subject  to  the  operation  of  the 
law  as  Alien  Enemies  : 

1st.  All  citizens  of  the  United  States,  except  citizens  or  resi- 
dents of  Delaware,  Maryland,  Kentucky  or  Missouri,  or  the  Dis- 
trict of  Columbia,  or  the  Territories  of  New  Mexico,  Arizona, 
or  the  Indian  Territory  south  of  Kansas. 

II.  All  persons  who  have  a  domicil  within  the  States  with 
which  this  Government  is  at  war,  no  matter  whether  they  be 
citizens  or  not :  Thus  the  subjects  of  Great  Britain,  France,  or 
other  neutral  nations,  who  have  a  domicil,  or  are  carrying  on 
business  or  traffic  within  the  States  at  war  with  this  Confede- 
racy, are  Alien  Enemies  under  the  law. 

3d.  All  such  citizens  or  residents  of  the  States  of  Delaware, 
Maryland,  Kentucky  or  Missouri,  and  of  the  Territories  of  New 
Mexico,  Arizona  and  the  Indian  Territory  south  of  Kansas,  and 
of  the  District  of  Columbia,  as  shall  commit  actual  hostilities 
against  the  Confederate  States  in  the  existing  war  against  the 
Confederate  States. 

II,  Immediately  after  taking  j^our  oath  of  office,  you  will 
take  possession  of  all  the  property  of  every  nature  and  kind 
within  your  District  belonging  to  Ahen  Enemies  as  above  de- 
fined. "^ 

III.  You  will  forthwith  apply  to  the  clerk  of  the  court  for 
writs  of  garnishment  under  the  8th  section  of  the  law,  and  will 
propound  to  the  garnishees  the  interrogatories  of  which  a  form 
is  annexed-  These  intlerrogatories  you  will  propound  to  the 
following  persons,  viz : 

1st.  All  Attorneys  and  Counsellors  practicing  law  within 
your  District. 

2d.  The  Presidents  and  Cashiers  of  all  Banks,  and  principal 
administrative  officers  of  all  Railroad  and  other  corporations 
within  your  District. 

3d.  All  Agents  of  Foreign  Corporations,  Insurance  Agents, 
Commission  Merchants  engaged  in  foreign  trade,  Agents  of 
Foreign  Mercantile  Houses,  Dealers  in  Bills  of  Exchange,  Ex- 
ecutors and  Administvaturs  of  Estates,  Assignees  and  Syndics 
of  Insolvent  Estates,  Trustees  and  generally  all  persons  who  are 
linown  to  do  business  as  Agents  for  others. 


13 

IV.  In  the  first  week  of  each  month  you  will  exhibit  to  the 
Judge  a  statement  showing  the  whole  amount  oi  money  in  your 
hands  as  Receiver,  and  deposit  the  same  for  safe  keeping,  in 
such  bank  or  other  depository  as  may  be  selected  for  that  pur- 
pose by  the  Judge — reserving  only  such  amount  as  may  be  re- 
quired for  immediate  necessary  expenditure  in  the  discharge  of 
your  duties  as  Receivers. 

V.  You  are  strictly  prohibited  from  making  personal  use  in 
any  manner  whatever,  or  investing  in  any  kind  of  property,  or 
loaning  with  or  without  interest,  or  exchanging  for  other  funds, 
without  leave  of  the  Court,  any  money  or  funds  of  any  kind  re- 
ceived by  you  in  your  oflicial  capacity. 

VI.  You  are  prohibited  from  employing,  except  at  your  own 
personal  expense,  any  Attorney  or  Counsellor  to  aid  you  in  the 
discharge  of  your  duties,  other  than  the  District  Attorney  of 
the  Confederate  States  for  your  District  ;  and  you  are  instruct- 
ed to  invoke  his  aid  under  the  9th  section  of  the  law,  in  all 
matters  of  litigation  that  may  arise  tiDder  the  law. 

VII.  You  will  take  special  care  to  avoid  the  loss  or  deterio- 
ration of  all  personal  property  pcrishhblo  in  its  nature,  by  ap- 
plying for  the   sale  thereof  under  the   provisions  of  the  12th, 
section  of  the  law. 

VIII.  You  will  keep  an  account,  showing  exactly  all  sums  re- 
ceived by  you  as  allowances  of  compcn.sation  under  the  15th 
section  of  the  law,  setting  forth  the  date  and  amount  of  each 
receipt  of  such  sums  ;  and  as  soon  as  the  amount  received  by 
you  in  any  one  year,  shall  reach  the  sum  of  five  thousand  dol- 
lars, you  will  pay  over  to  the  Assistant  Treasurer  of  the  Con- 
federate States  most  convenient  to  your  domicil,  all  further 
sums  allowed  you  as  compensation,  taking  duplicate  receipts 
thereof,  one  to  be  retained  as  a  voucher  by  j^ourself,  and  the 
other  to  be  forwarded  by  mail  to  the  Secretary  of  the  Treasury. 

IX.  Whenever,  in  the  discharge  of  your  duties,  you  discover 
that  any  attorney,  agent,  former  partner,  trustee  or  other  per- 
son  holding  or  controlling  any  property,  rights  or  credits  of  an 
Alien  Enemy,  has  Avilfully  failed  to  give  you  infoi'mation  of  the 
same,  you  will  immediately  report  the  I'act  to  the  District  At- 
torney for  your  District,  to  the  end  that  the  guilty  party  may 
be  subjected  to  the  pains  and  penalties  prescribed  by  the  3d 
section  of  the  law. 

J.  P.  Benjamin,  Attorney-General. 

The  following  interrogatories  to  garnishees  have  been  pre- 
pared for  your  use,  together  with  a  note  annexed  for  the  infor- 
mation of  the  garnishee  : 

1.  Have  you  now,  or  have  you  had  in  your  possession,  or  un- 
der your  control,  since  the  twenty  tirs^day  of  May  last  [18(51], 
end  if  yea,  at  what  time,  any  land  orlands,  tenement  or  tone- 


14 

ments,  hereditament  or  hereditaments,  chattel  or  chattels,  right 
or  rights,  credit  or  credits,  within  the  Confederate  States  of 
America,  held,  owned,  possessed  or  enjoyed  for  or  by  any  Alien 
Enemy  ;  or  in  or  to  which  any  Alien  Enemy  had,  and  when, 
since  that  time,  any  right,  title  or  interest,  either  clirectly  or  in- 
directly ? 

2.  If  you  answer  any  part  of  the  foregoing  interrogatory  in 
the  affirmative,  then  set  forth  specifically  and  particularly  a 
description  of  such  property,  right,  title,  credit  or  interest ; 
and  if  you  have  disposed  of  it  in  whole  or  in  part,  or  of  the 
profit,  or  rent,  or  interest  accruing  therefrom,  then  state  when 
you  made  such  disposition,  and  to  whom,  and  where  such  pro- 
perty is,  and  by  whom  held  ? 

3.  Were  you,  since  the  twenty-first  day  of  May,  1861,  and  if 
yea,  at  what  time,  indebted,  either  directl}',  or  indirectly  to  any 
Alien  Enemy  or  Alien  Enemies  ?  If  yea,  state  the  amount  of 
such  indebtedness,  if  one,  and  of  each  indebtedness,  if  more 
than  one:  Give  the  name  or  names  of  the  creditors,  and  the 
place  or  places  of  residence,  and  state  whether,  and  to  what 
extent,  such  debt  or  debts  have  been  discharged,  and  also  the 
time  and  manner  of  the  discharge. 

4.  Do  you  know  of  any  land  or  lands,  tenement  or  tenements, 
hereditament  or  hereditaments,  chattel  or  chattels,  right  or 
rights,  credit  or  credits,  within  the  Confederate  States  of 
America,  or  any  right  or  interest  held,  owned,  possessed  or  en- 
joyed directly  or  indirectly,  by  or  for  one  or  more  Alien  Ene- 
mies since  the  twenty-first  day  of  May,  1861,  or  in  or  to  which 
any  one  or  more  Alien  Enemies  had  since  that  time  any  claim, 
title,  or  interest,  direct  or  indirect  ?  If  yea,  set  forth  specifi- 
cally and  particularly  what  and  where  the  property  is,  and  the 
name  and  residence  of  the  holder,  debtor,  trustee  or  agent. 

5.  State  all  else  that  you  know  which  may  aid  in  carrying 
into  full  effect  the  Sequestration  Act  of  the  30th  August,  1861, 
and  state  the  same  as  fully  and  particularly  as  if  thereunto  speci- 
ally interrogated.  A.  B.,  Receiver. 

Note. — The  garnishee  in  the  foregoing  interrogatories  is 
specially  warned,  that  the  Sequestration  Act  makes  it  the  duty 
of  each  and  every  citizen  to  give  the  information  asked  in  said 
interrogatories — (Act  of  30th  August,  1861,  section  2.) 

And  if  any  attorney,  agent,  former  partner,  trustee  or  other 
person  holding  or  controlling  any  property  or  interest  therein 
of  or  for  any  Alien  Enemy,  shall  fail  speedily  to  inform  the 
Receiver  of  the  same,  and  to  render  him  an  account  of  such 
property  or  interest,  he  si 'all  be  guilty  of  a  high  misdemeanor, 
and,  upon  conviction,  shall  be  fined  in  a  sum  not  exceeding  five 
thousand  dollars,  and  imprisoned  not  longer  than  six  months 
and  be  liable  to  pay  besides  to  the  Confederate  States,  double 


15 

the  value  of  the  property  or  interest  of  the  Alien  Enemies  so 
held  or  subject  to  his  control. — [Sec.  3-1 

The  Attorney  General  has  al>50  prescribed  the  following  rule 
of  practice  for  the  Courts  by  virtue  of  the  authority  vested  in 
him  under  the  16th  section  of  the  law. 

RULE. 

Garnishee,  to  whom  written  or  printed  interrogatories  are 
addressed,  may  make  their  appearance  by  filing  written  an- 
swers, sworn  to  before  a  Justice  of  the  Peace  or  other  compe- 
tent officer,  unless  specially  ordered  by  the  Court  to  appear  in 
person. 


IN  THE  CONFEDERATE  COURT. 

DISTRICT    OF    SOUTH    CAROLINA. 


Ordered,  in  pursuance  of  the  Ttli  section  of  an  Act  of  the 
Confederate  Congress,  No.  269,  cKrecting  the  several  Courts 
of  this  Confederacy  to  estabhsh  Rules  of  Procedure  under  the 
said  Act:  that  the  rules  of  Practice  now  published,  and  such  as 
may  be  hereafter  published,  for  the  conduct  of  cases  which 
may  arise  under  the  Act  of  the  Congress  of  the  Confederate 
States,  No.  269,  concerning  the  Sequestration  of-  the  estates, 
rights  and  credits  of  Alien  Enemies;  be  hereafter  observed  in 
all  cases  under  the  said  Act. 

RULE  FIRST. 

The  original  proceeding  shall  be  in  all  cases  by  petition — in 
the  name  of  the  Confederate  States  of  America — and  shaU 
set  forth,  in  distinct  terms,  the  lands,  tenements,  here- 
ditaments, goods  and  chattels,  rights  and  credits,  concerning 
which  the  decree  for  sequestration  is  prayed  ;  and  the  person 
or  persons  if  known,  in  whose  custody,  control,  power  or  posses- 
sion the  same  may  be.  And  such  petition  shall  be  accompanied 
with,  and  have  endorseq  thereon  a  written  notice  directed  to  the 
person  or  persons  in  whose  custody,  control,  power  or  posses- 
sion such  lands,  tenements,  hereditaments,  goods  and  chat 
tcls,  rights  and  credits  of  such  Alien  Auemy  may  be;  requiring 
him  or  them  to  appear  in  this  Court;  and  within  thirty  days 
from  the  service  of  the  said  petition,  fife  his  or  their  answer 
or  plea  to  the  said  petition;  showing  cause,  if  any  there  shall 
be,  why  the  decree  for  sequestration  should  not  be  made  as 
prayed  for  in  the  said  petition.  And  the  District  Attorney  of 
the  Confederate  States  ibr  this  District,  in  all  cases  where  it 
may  be  by  him  considered  necessary,  shall  have  the  privilege 


17 

of  adding  to  the  said  petition  a  prayer;  that  the  person  or  per- 
sons upon  whom  such  petition  is  served,  shall  further,  in  the 
answer  or  plea  to  be  filed  by  him  or  them,  set  forth  and  dis- 
cover what  other  lands,  tenements,  hereditaments,  goods  and 
chattels,  rights  and  credits  of  such  Alien  Enemy,  he  or  they 
may  have  in  his  or  their  custody,  control,  power  or  possession. 
And  such  person  or  persons  from  whom  such  discovery  is 
asked,  shall,  in  the  answer  or  plea  to  be  filed  by  him  or  them^ 
make  a  full,  clear  and  distinct  statement  of  all  matters  thereto 
relating,  within  his  or  their  knowledge,  remembrance,  infon 
mation  and  belief.  And  such  statement  shall  be  subject  at  all 
times  to  exceptions  touching  its  clearness  or  suflSciency  ;  and 
upon  such  exceptions  being  filed,  a  copy  thereof  shall  be  served 
upon  such  person  or  persons  ;  and  the  questions  raised  by  the 
said  exceptions  shall  be  set  down  for  hearing  without  delay. 
If  such  exceptions  shall  be  sustained,  such  person  or  persons 
shall  be  obliged  to  amend  such  answer  or  plea  ;  and  in  default 
of,  doing  so  shall  become  liable  to  all  the  consequences  result- 
ing from  a  refusal,  to  make  answer  to  proceedings  on  the 
Equity  side  of  this  Court. 

RULE  SECOND. 

The  petition  and  notice  prescribed  in  the  foregoing  Rule^ 
shall  be  filed  with  the  Clerk  of  the  Court,  and  a  copy  thereof 
shall  be  served  by  the  Marshal  of  this  District,  personally,  upon 
the  parties  therein  charged  to  be  in  possession  of  the  property 
referred  to  in  the  said  petition;  or  a  copy  thereof  shall  be  left 
at  his  or  their  usual  place  of  abode.  Such  service  shall  be 
sworn  to  by  the  Marshal,  or  his  deputy,  if  the  service  shall  be 
made  by  a  deputy;  and  returned  into  the  office  of  the  Clerk  of 
the  Court,  within  forty-eight  hours  from  the  time  of  such 
service.  And  if  such  return  shall  not  be  made  at  such  time^ 
the  Marshal  or  his  deputy  shall  state  in  the  return,  why  tho 
Bame  was  not  so  made. 

RULE  THIRD. 

If  personal  service  of  the  said  petition  and  notice  cannot  bo 
made;  and  the  person  or  persons  upon  whom  such  service  is  to 

2 


18 

Be  mad©  have  no  usual  place  of  abode  at  which  the  copy 
thereof  may  be  left;  the  Marshal  shall  thereupon  so  make  his 
return.  And  upon  the  making  of  such  return,  the  District 
Attorney  may  enter  an  order  that  the  Eeceiver  shall  take  the 
property  of  such  Alien  Enemy  into  his  possession,  and  the 
Clerk  shall  cause  the  copy  of  the  notice  endorsed  on  the  peti- 
tion to  be  posted  at  the  door  of  the  Court  House,  and  pub' 
lished  once  in  every  four  weeks  in  one  or  more  of  the  gazettes 
of  the  city  of  Charleston,  and  of  the  District  in  which  the 
property  may  be  found  or  is  situate. 

RULE  FOURTH. 

If  tne  person  or  persons  upon  whom  the  petition  and  notice 
shall  be  served;  or  to  whom  the  notice  so  directed,  is  required  to 
be  posted  and  published;  shall  not  appear  and  file  his  or  their 
answer  or  plea  within  thirty  days  from  the  time  of  such  service 
or  the  date  of  such  publication;  he  or  they  shall  be  adjudged 
in  default,  and  the  petition  shall  be  thereupon  taken  'pro  con- 
fesso :  Provided,  nevertheless,  that  the  District  Attorney  of  the 
Confederate  States  for  this  District,  if  he  shall  so  desire,  may 
ask  for  and  obtain  an  order  from  the  Court  to  compel  the  filing 
of  an  answer  or  plea;  and  for  that  purpose,  in  default  still  of  an 
answer  or  plea,  after  such  order,  may  have  the  aid  of  all  the 
means,  within  the  control  of  a  Court  of  Equity  of  this  State > 
to  compel  the  answer  or  plea  of  such  person  or  persons. 

RULE    FIFTH. 

When  the  person  or  persons  upon  whom  such  petition  and 
notice  shall  be  served,  shall  contest  the  prayer  thereof;  or 
aUedge  a  lien  or  claim  on  the  property  therein  mentioned  ;  or 
if  the  petition  shall  by  its  statement  make  it  necessary  for  the 
Court  to  order  other  persons  to  be  made  parties  ;  or  if  other 
persons  shall,  upon  their  own  application,  be  admitted  to 
intervene;  such  person  or  persons  shall  be  allowed  thir- 
ty days  from  the  service  of  the  notice  or  the  order  of  the 
Court,  to  file  his  or  their  answer  or  plea  to  the  said  petition. 

RULE  SIXTH. 
The  District  Attorney  of  the  Confederate  States  shall,  within 


19 

fiv«  days  from  the  time  of  filing  such  answer  or  plea,  jBle  his 
rephcation  to  the  same.  And  upon  the  fiHng  of  the  rephca- 
tion,  the  pleadings  shall  be  considered  made  up,  and  the  case 
prepared  for  a  hearing. 

RULE  SEVENTH. 

In  the  trial  of  any  case  arising  under  this  Act  of  the  Con- 
gress of  the  Confederate  States,  the  order  and  mode  of  pro. 
ceeding  shall  be  the  same  as  is  of  force  in  the  Courts  of 
this  State;  and  be  made  applicable  to  each  case,  according 
to  its  nature  and  subject  matter;  whether  it  shall  be  for  trial 
on  the  Law  or  Equity  side  of  the  Court. 

RULE  EIGHTH. 

If  the  pleadings  in  amy  case  shall  be  made  up,  at  auy  time 
during  the  term  of  Court,  the  case  shall  be  placed  on  the 
docquet  of  the  Court,  and  be  called  for  trial,  at  that  term. 

RULE  NINTH. 

If  it  shall  become  necessary  during  the  progress  of  a  case,  to 
make  up  a  side  issue;  or  other  proceeding  for  the  trial  of  any 
question,  the  decision  of  Avhich  is  necessary  for  the  determina" 
tion  of  the  main  issue  ;  either  party  may  apply  therefor.  And 
if  the  application  shall  be  considered  proper,  such  order  will 
be  thereupon  made  as  may  be  necessary. 

RULE  TENT^. 

All  questions  of  evidence,  which  may  be  raised  in  any  case 
shall  be  decided  as  far  as  practicable  according  to  the  Law  and 
the  Practice,  in  like  cases  recognized  and  of  force  in  the  Courts 
of  the  State. 

RULE  ELEVENTH. 

If  the  hearing  of  any  case  under  this  Act  shall  be  on  the 
Equity  side  of  the  Court,  the  decree  in  such  case  shall 
sustain  the  petition  :  or  on  the  Law  side  of  the  Court,  the  ver- 
dict of  the  Jury  shall  sustain  the  petition  :  the  decree  shall  be 
enrolled;  or  the  judgment  entered  and  ifecorded  :  and  thereupoa 
the  Clerk  of  the  Court  shall  issue  the  writ  to  ssquester  for  the 
Confederate  States,  the  property  mentioned  in  the  petition. 


20 


RULE  TWELFTH. 

Appeals  shall  be  allowed  from  any  Decree  or  Judgment 
upon  questions  of  law  or  of  fact,  in  the  same  manner  as  in 
civil  cases  at  Law  or  in  Equity,  in  the  District  Court  of  the 
Confederate  States. 

EULE  THIRTEENTH. 

In  all  cases  where  the  Receivers  shall  under  the  20th  section 
of  the  Act  ask  the  instructions  of  the  Court  or  Judge  respect, 
ing  the  disposition  or  management  of  property,  it  shall  be  done 
by  petition,  in  which  shall  be  stated  particularly,  the  instruc- 
tion asked  for  an^  the  property  concerning  which  it  is 
asked.  And  where  any  person  or  persons  are  interest- 
ed in  or  have  a  lien,  claim  or  interest  upon  or  in 
said  property,  notice  shall  be  given  to  such  person  or  per- 
sons of  the  application  for  such  instructions;  and  he  or  they 
may  be  heard  touching  such  lien,  claim  or  interest,  if  the  Court 
or  Judge  shall  so  desire. 

RULE  FOURTEENTH. 

All  applications  by  Receivers  for  the  sale  of  property,  shall 
also  be  by  petition,  stating  the  property  particularly,  and  the 
circumstances  relied  upon  as  rendering  the  sale  so  asked  for 
pecessary  or  proper. 

RULE  FIFTEENTH. 

Whenever  the  estate,  property  and  effects  of  the  Alien  Ene- 
my, against  which  pro(ieedings  shall  be  taken  to  sequester 
them,  shall  be  in  the  custody  or  possession,  of  any  person  or 
persons,  not  alledging  any  lien,  claim  or  interest  therein,  the 
Receiver,  unless  otherwise  ordered  by  the  Court,  shall  take  the 
same  under  his  possession,  control  and  management.  And  in 
all  cases  where  the  person  or  persons  having  such  custody  or 
possession  shall  alledge  a  lien,  claim  or  interest  in  such  estate, 
property  or  effects,  for  his  or  their  benefit,  or  the  benefit  of 
some  other  person,  not  an  Alien  Enemy,  and  in  whose  behalf 
he  or  they  are  authorized  to  alledge  such  lien,  claim  or  interest; 
the  said  estate,  property  and  effects  may  be  left  in  his  or  their 


21 

possession,  for  snch  time  and  upon  such  terms,  as  may  be  im- 
posed by  the  Court.  And  this  rule  shall  apply  to  all  kinds  of 
estates,  property  and  effects  hable  to  sequestration,  except  real 
estate  and  negroes,  and  debts:  concerning  which  special  rules 
will  be  framed. 

RULE  SIXTEENTH. 

Writs  of  Garnishment,  shall  be  issued  by  the  Clerk,  with 
the  usual  test,  and  under  the  seal  of  the  Court;  and  whenever 
issued  in  vacation  shall  be  made  returnable  to  the  next  sue" 
ceeding  term:  if  issued  during  the  term,  then  to  a  certain  day 
in  the  term.  And  on  or  before  the  Return  Day  mentioned  in 
the  said  writ,  an  appearance  may  be  entered  in  the  Clerk's 
office;  in  like  manner  and  on  or  before  the  Return  Day  men- 
tioned in  the  said  writ,  the  person  or  persons  to  whom  the  said 
writ  of  Garnishment  is  directed  shall  file  in  the  office  of  the 
Clerk,  answers  to  the  interrogatories  annexed  to  the  said  writ. 

RULE  SEVENTEENTH. 

If  the  person  or  persons  to  whom  the  writ  of  Garnishment 
is  directed,  shall  require  further  time,  than  that  which  may  be> 
between  the  service  and  the  return  of  such  writ,  to  make  his 
answer  to  the  interrogatories,  or  any  of  them:  he  may  apply 
for  such  further  time,  setting  forth  the  reasons  which  make 
such  an  extension  of  the  time  as  he  may  ask  for  necessary: 
and  specifying  the  question  or  questions  for  which  he  may  ask 
it.  And  such  statements  shall  be  made  upon  oath:  and  notice 
of  such  application  shall  be  serve^  upon  the  District  Attorney 

RULE  EIGHTEENTH. 

In  any  case  arising  under  this  Act,  in  which  the  Receiver 
shall  have  reason  to  believe  that  the  subject  matter  of  the  suit  is 
in  danger  of  loss,  injury,  destruction  or  waste,  pending  litigation; 
he  shall  file  an  application  to  the  Court  stating  the  particular 
loss,  injury,  destruction  or  waste  to  which  it  is  exposed  or  may 
be  hable,  and  asking  such  order  therein  as  maj^  seem  to  him 
necessary.  And  thereupon  such  ord0)p  will  be  made,  either  for 
the  sale  or  other  disposition  of  it,  as  may  seem  proper  to  the 
Court. 


22 


RULE  NINETEENTH. 

"Whenever  the  Receiver  intends  to  test  the  truth  of  the  re- 
turn made  by  the  garnishee  to  the  writ  of  garnishment,  he 
shall  file  with  the  Clerk  a  statement  in  writing,  in  the  form  of 
exceptions  to  the  said  return:  in  which  shall  be  set  forth  in 
distinct  articles,  the  particular  matter  or  things,  concerning 
which,  he  may  alledge  that  such  garnishee  has  not  answered 
truly.  And  to  such  statement,  the  garnishee  may  reply  by 
way  of  plea  or  answer,  in  support  of  his  return.  And  to  such 
plea  or  answer,  the  Receiver  in  the  name  of  the  Confederate 
States,  shall  file  his  replication.  And  the  time  to  be  allowed 
in  each  case,  for  the  garnishee  to  file  his  plea  or  answer  to  such 
statements,  and  for  the  replication  to  the  said  plea  or  answer* 
shall  be  fixed  according  to  the  circumstances  of  each  case  by 
the  order  of  the  Court. 

RULE  TWENTIETH. 

On  the  first  day  of  each  and  every  month,  commencing  with 
and  from  the  first  day  of  November  next  ensuing,  each  Re- 
ceiver shall  file  with  the  Clerk,  a  true  and  perfect  account  of 
all  matters  in  his  hands  or  under  his  control  under  the  law:  and 
make  and  state  a  just  and  true  account  of  all  matters  connected 
with  each  estate  of  an  Ahen  Enemy  of  which  he  is  a  Receiver. 

RULE  TWENTY-ONE. 

Wherever,  under  any  of  the  foregoing  rules,  personal  or 
other  service  of  any  petition,  process  or  other  paper  issuing 
from  the  Court,  shall  be  required;  the  same  may  be  made  by 
ihe  appearance  of  the  Attorney  or  Solicitor  in  behalf  of  the 
person  or  persons,  named  in  such  petition,  process  or  other  pa" 
per,  and  upon  whom  such  petition,  process  or  other  paper  was 
directto^  to  be  served. 


23 


ADDITIONAL  RULES. 

CHIEFLY     APPLICABLE     IN     CASES     IN     OTHER    DISTRICTS    THAN 

CHARLESTON. 


I. 

The  Deputy  Marshal  of  each  District  or  Section,  under  the 
charge  of  a  Receiver,  instead  of  making  his  return  to  the  oflSce 
of  the  Clerk  as  directed  in  the  2d  Rule,  shall  make  it  to  the 
Receiver  by  whom  the  petition  was  delivered  to  him. 

II. 

All  cases  arising  under  the  said  Act  in  the  Districts  of  Lan- 
caster, Chester,  York,  Union,  Spartanburg,  Greenville,  Ander- 
son, Pickens,  Abbeville,  Edgefield,  Newberry,  Laurens,  and 
Fairfield,  shall  be  tried  at  the  Court  to  be  held  in  Greenville. 
All  cases  arising  under  the  said  Act  in  Charleston,  Beaufort,  and 
Colleton,  and  Georgetown  shall  be  tried  at  Charleston.  All 
cases  arising  in  any  other  Districts  than  those  named  shall  be 
tried  at  Columbia. 

III. 

Any  business  under  this  Act,  which  could  not  be  disposed  of 
at  Columbia,  may  be  transferred  to  Charleston:  and  business 
which  could  not  be  disposed  of  at  Charleston  may  be  trans- 
ferred  to  Columbia. 

lY. 

The  Deputy  Marshal  for  each  District  or  Section  shall  in  a 
proper  book,  duly  enter  each  petition,  writ,  process  or  other 
paper  which  may  come  to  his  hands  to  be  served:  stating  the 
parties  thereto  ;  by  whom  lodged  and  when  ;  and  when  and  to 
whom  return  of  the  same  was  made.  And  said  book  shall  be 
by  him  produced  at  the  court,  where  a  case  is  to  be  disposed  ofr 
in  which  he  has  served  such  petition,  writ,  process  or  other 
paper. 

V. 

Ea*h  Receiver  ovi,  of  Charleston  Pistrict  will  make  up  the 


24 

account  required  in  the  20th  Rule,  to  the  first  day  of  the  month: 
and  on  that  day  shall  lodge  the  same  in  the  postoffice  where  he 
resides,  addressed  to  the  Clerk  of  the  District  Court  of  the 
Confederate  States  at  Charleston.  And  such  account,  in  addi" 
tion  to  any  other  time  in  which  he  may  be  required  to  vouch 
the  same,  shall  always  be  vouched  by  him,  at  the  first  day  of 
the  term  of  the  court,  at  such  place  as  he  may  be  required  to 
make  the  cases  returnable  which  are  in  the  section  confided  to 
him. 

VI. 

All  money's  which  may  be  received  by  any  receiver,  shall  be- 
deposited  by  him  immediately  after  the  receipt  thereof  in  some 
incorporated  bank  of  the  State,  of  any  of  the  Districts  which 
compose  the  District  or  section  of  which  he  is  Receiver. 

VII. 

All  answers  to  petitions,  returns  of  garnishees,  and  other 
matters  concerning  w^hich  parties  who  have  in  their  custody, 
control,  power  or  possession,  estates,  property  or  effects  of 
Alien  Enemies,  are  or  may  be  ordered  or  required  to  make  dis- 
covery, answer  or  return,  may  be  filed  in  cases  which  are  to  be 
tried  at  Columbia  or  Greenville,  may  be  filed  Avith  the  Re- 
ceiver of  the  Confederate  States  at  either  place.  And  such 
Receiver  shall  safely  keep  such  paper  ;  and  give  notice  thereof 
to  the  Clerk  of  the  District  Court  of  the  Confederate  States  at 
Charleston. 


25 


APPENDIX  OF  FORMS. 


I. 

RETURN. 

CONFEDERATE  STATES.  Sequestration  Act,  1861. 

Return  of  of  property  and  effects  ol 

Alien  Enemies,  in  his  possession  or  control  since  the  21st  day 
of  May,  1861. 


Names  of  Alien  Enemies.     Description  of  Property.     Amount. 


Sworn  to  before  me  this 


day  of 


A.  D.  1861, 


II. 
WRIT  OF  GARNISHMENT. 

CONFEDERATE  STATES  OF  AMERICA,  \ 
South  Caeolina  District,     j 

To  D.  H.  Hamilton,  Marshal  of  the  Confederate  States, 

For  the  District  of  South  Carolina* 
Whereas,  a  Receiver,  under  the  Act  of 

the  Congress  of  the  Confederate  States,  for  the  sequestration  of 
the  estates,  property  and  eiiects  of  aUeii  enemies,  and  for  the 
indemnity  of  citizens  of  the  Confcdeiate  States  and  persons 
aiding  the  same  in  the  existing  war  with  the  United  States;  has 
requested  that  a  Writ  of  Garnishment,  under  the  said  Act, 
should  issue  to  commanding  him  to 

appear  and  answer  under  oath,  what  property  or  effects  of  any 
alien  enemy  he  has  at  the  service  of  this  Process,  or  since  has 
had  under  his  possession  or  control,  belonging  to  or  held  for  an 
alien  enemy;  or  in  what  sum  he  is  or  was  at  the  time  of  the  ser- 
vice of  the  Garnishment,  or  since  has  been  indebted  to  an  alien 
enemy. 

4 


26 

You  are  therefore  by  these  Presents  ordered  and  required  to 
summon  the  said  to  be  and  appear 

before  the  District  Court  of  the  Confederate  States  for  the 
District  of  South  CaroKna,  at  its  sitting  in 
on  the  day  of  next,  then 

and  there  to  answer  in  the  premises  :  and  upon  his  oath  fully 
and  particularly  to  answer  the  interrogatories  hereto  annexed, 
and  to  set  forth  and  discover  what  lands,  tenements  and  here- 
ditamentSf  goods  and  chattels,  rights  and  credits  of  any  alien 
enemy,  he  had  at  the  service  of  this  process,  or  since  has  had 
in  his  custody,  control,  power  or  possession,  to  the  end  that 
according  to  his  answer,^and  such  further  proceedings  as  may 
be  had  therein,  such  property  and  effects  of  the  alien  enemy 
may  be  condemned  and  sequestered  under  the  provisions  of  the 
aforesaid  Act  of  the  Congress  of  the  Confederate  States.  And 
you  will  execute  this  Process  by  serving  personally  on  the 
or  leaving  at  his  usual  place  of  abode,  a 
copy  thereof ;  with  a  notice  endorsed  thereon,  requiring  him  to 
appear  and  answer  as  herein  directed. 

And  whatsoever  you  shall  do  in  the  premises,  you  shall  make 
true  return  thereof,  at  the  time  and  place  aforesaid. 

Witness,  the  Hon,  A.  G.  Mageath,  Judge  of  the  Confederate 
States,  this  day  of  A.  D.  1861. 

To  < 

You  are  hereby  notified  to  appear  before  the  District  Court 
of  the  Confederate  States,  at  its  sitting  in 
on  the  day  of  next,  then  and 

there  to  answer  in  writing  and  upon  oath,  the  interrogatories 
annexed  to  the  within  Writ. 

H.  Y.  GRAY,  Clerk  C.  S.  District,  So.  Ca. 

INTERROGAT  ORIES  ADDRESSED  TO 

1.  Have  yon  now,  or  hiave  you  had  in  your  possession,  or 
under  your  control  since  the  twenty-first  day  of  May  last  ? 
(1861,)  and  if  yea,  at  what  time,  any  land  or  lands,  tenemeirt  oT 
tenements,  hereditament  or  hereditaments,  chattel  or  chattels, 
right  or  rights,  credit  or  credits,  within  the  Confederate  States 
of  America,  held,  owned,  possessed  or  enjoyed  for  or  by  an  alien* 
enemy  :  or  in  or  to  which  any  alien  enemy  had,  and  when,  since 
that  time,  any  right  title  or  interest,  either  directly  or  indirectly. 

2.  If  you  answer  any  part  of  the  foregoing  interrogatory  in 
the  affirmative,  then  set  forth  specifically  and  particularly,  a 
description  of  such  property,  right,  title,  credit  or  interest,  and 
if  you  have  disposed  of  it  in  whole  or  in  part,  or  of  the  profit  or 
rent  or  interest  accruing  therefrom,  then  state  when  you  made 
such  disposition,  and  to  whom  and  where  such  property  now  i» 
and  by  whom  held. 


27 

3.  "Were  you,  since  the  twenty-first  day  of  May,  1861,  and  if 
yea,  at  what  time,  indebted,  either  directly  or  indirectly,  to  any 
alien  enemy  or  alien  enemies  ?  If  yea,  state  the  amount  of  such 
indebtedness,  if  one,  and  of  each  indebtedness  if  more  than  one  : 
give  the  name  or  names  of  the  creditor  or  creditors,  and  the 
place  or  places  of  residence,  and  state  whether,  and  to  what 
extent,  such  debt  or  debts  have  been  discharged,  and  also  the 
time  and  manner  of  the  discharge. 

4.  Do  you  know  of  any  land  or  lands,  tenement  or  tenements, 
hereditament  or  hereditaments,  chattel  or  chattels,  rights, 
credit  or  credits,  within  the  Confederate  States  of  America,  or 
any  right  or  interest  held,  owned,  possessed  or  enjoyed,  directly 
or  indirectly,  by  or  for  one  or  more  alien  enemies,  since  the 
twenty-first  day  of  May,  1861,  or  in  or  to  which  any  one  or  more 
alien  enemies  had  since  that  time  any  claim,  title  or  interest, 
direct  or  indirect  ?  If  yea,  set  forth  specifically  and  particu- 
larly what  and  where  the  property  is,  and  the  name  and  resi- 
dence of  the  holder,  debtor,  trustee  or  agent. 

5.  State  all  else  that  you  know  which  may  aid  in  carrying 
into  full  effect  the  Sequestration  Act  of  the  30th  August,  1861, 
and  state  the  same  as  fully  and  particularly  as  if  thereunto 
specially  interrogated.  Receiver. 


Note — The  garnishee  in  the  foregoing  interrogatories,  is  spe- 
cially warned,  that  the  Sequestration  Act  makes  it  the  duty  of 
each  and  every  citizen  to  give  the  information  asked  in  said 
interrogatories. — [Act  of  ZOth  Augtist^  1861,  Section  2.] 

And  if  any  attorney,  agent,  former  partner,  trustee  or  other 
person,  holding  or  coiilrolling  any  property  or  interest  therein, 
of  or  for  any  'alien  enemy,  shall  fail  speedily  to  inform  the 
Beceiver  of  the  same,  and  to  render  him  an  account  of  such 
property  or  interest,  ho  sliall  be  guilty  of  a  high  misdemeanor, 
and,  upon  conviction,  shall  be  fined  in  a  sum  not  exceeding  five 
thousand  dollars,  and  imprisoned  not  longer  than  six  months, 
and  be  Uable  to  pay  besides  to  the  Confederate  States,  double 
the  value  of  the  property  or  interest  of  the  alien  enemies  so 
held  or  subject  to  his  control. — [Sec.  3.] 

The  Attorney-General  has  also  prescribed  the  following  rule 
pf  practice  for  the  Courts,  by  virtue  of  the  authority  vested  in 
l^im  under  the  16th  section  of  the  law. 

RULE. 

Garnishees,  to  whom  written  or  printed  interrogatories  are 
addressed,  may  make  appearance  by  filing  written  answers, 
sworn  to  before  a  Justice  of  the  Peace,  or  other  competent 
officer,  unless  specially  ordered  by  the  Court  to  appear  in 
person. 


28 

III. 

PETITION. 

m  THE  DISTRICT  COURT. 

CONFEDERATE  STATES  OF  AMERICA,  \ 
South  Caeolina  District.     ] 
To  the  Hon.  A.  G.  3Iagratk, 

Confederate  Judge  for  the  District  aforesaid. 
The  Petition  of  Receiver  of  Sequestered 

Estates,  duly  appointed  by  the  Judge  aforesaid,  who  sues  in  the 
name  and  behalf  of  the  Confederate  States  of  America,  re- 
spectfully showeth, 

1.  That  open  and  public  war  exists  between  the  United 
States  of  America  and  the  said  Confederate  States  of  America, 
by  virtue  of  an  Act  of  the  Congress  of  the  said  Confederate 
States,  entitled  "  An  Aotrecognizing  the  existence  of  ivar  between 
tjie, United  States  and  tjie  Confederate  States;  and  concerning 
Letters  of  Blarque,  Prizes  and  Prize  Goods,"  approved  on  the 
sixth  day  of  May,  A.  D.,  1861. 

2.  That  by  virtue  of  the  Act  of  the  Congress  of  the  said 
Confederate  States,  entitled  "  An  Act  for  the  Sequestration  of 
the  Estates,  Property  and  ejects  of  Alien  Enemies,  and  for  the 
indemnify  of  Citizens  of  the  Confederate  States,  and  persons  aiding 
the  same  in  tJie  existing  loar  with  the  United  States,"  approved  on 
the  30th  day  of  August,  A.  D.  1861,  all  and  every  the  lands, 
tenemetits  and  hereditaments,  good  and  chattels,  rights  and 
credits,  within  these  Confederate  States,  and  every  right  and 
interest  therein  held,  owned,  possessed  or  enjoyed,  by  or  for 
any  alien  enemy,  since  the  twenty-first  day  of  May,  one  thou- 
sand eight  hundred  and  sixty-one,  except  such  debts  due  to  an 
alien  enemy,  as  may  have  been  paid  into  the  Treasury  of  any 
one  of  the  Confederate  States,  prior  to  the  passage  of  said  Act, 
are  sequestrated  by  the  Confederate  States  of  America,  to  be 
held  for  the  indemnity  of  certain  citizens  of  the  said  Confede- 
rate States  and  others,  according  to  the  provisions  of  the  Act  of 
Congress  aforesaid. 

-  3.  That  there  are  within  the  limits  of  these  Confederate 
States,  to  wit,  in  in  the  District  aforesaid, 

and  within  the  jurisdiction  of  this  Court,  certain  lands,  tene- 
ments and  hereditaments,  goods  and  chattels,  rights  and  credits, 
held,  owned,  possessed  and  enjoyed  by  or  for  certain  alien 
enemies  to  wit, 


29 

And  that  the  estate,  effects,  property  and  interests  of  the  alien 
enemies  aforesaid,  are,  when  ascertained,  Hable  to  be  seques- 
trated by  notice  of  the  Act  of  Congress  aforesaid. 

Wherefore  your  Petitioner,  in  the  name  and  behalf  of  the 
said  Confederate  States,  prays  that  process  in  due  form  of  law 
according  to  the  course  of  this  Honorable  Court,  in  cases  of  this 
nature,  may  issue  against  the  said 

and  all  other  persons  holding,  exercising  supervision  over,  in 
possession  of,  or  controlhng  all  and  singular  the  lands  and  tene- 
ments, goods,  chattels,  rights  and  credits,  or  any  interest  therein 
of  the  alien  enemies  aforesaid,  that  he  and  they  may  be  required 
upon  oath,  to  answer,  set  forth  and  discover  whether  the  said 

are  not  alien  enemies  of  the 
Confederate  States,  and  whether  the  property  and  effects  here- 
inbefore specified,  or  any  interest  therein,  are  held  or  controlled 
by  them  or  either  of  them  for  the  alien  enemies  aforesaid,  or 
any  or  either  of  tliem,  or  for  any  other  alien  enemies  ;  and 
whether  they  or  any  or  either  of  them  have  any  custody,  pos- 
session or  control,  of  any  other  lands,  tenements,  hereditaments, 
goods,  chattels,  rights  and  credits,  of  the  alien  enemies  afore- 
said, or  any  or  either  of  them;  and  whether  they  or  any  or 
either  of  them  have  any  claim  or  lien  on  any  of  the  property 
and  effects  aforesaid.. 


And  that  your  Petitioners  may  be  entitled  to  Writs  of  Gar- 
nishment, to  be  issued  out  of  and  under  the  Seal  of  this  Honora- 
ble Court,  and  directed  to  such  other  persons  as  may  have  in 
their  possession,  custody  or  control,  any  other  property  and 
effects  of  the  alien  enemies  aforesaid,  or  any  or  either  of  them. 
And  that  the  said  property  and  effects  of  the  alien  enemies 
aforesaid,  and  all  other  property  belonging  to  the  said  alien 
enemies,  or  in  which  they  may  have  an  interest,  which  shall  be 
discovered  and  be  brought  within  the  jurisdiction  of  this  Court, 
may  be  sequestrated  according  to  the  provisions  of  the  Act  of 
Congress  aforesaid,  for  the  uses  and  purposes  in  the  same 
specified  ;  and  that  your  Petitioner  may  have  such  other  and 
further  order,  decree,  direction  and  relief  in  the  premises,  as 
the  nature  of  the  case  may  require,  and  to  your  Honor  may 
eeem  meet. 

Aud  your  Petitioner  will  ever  pray,  &c. 

C.  R.  MILES,  C.  S.  Dist.  Att'y,  pro  tern. 


K- 


30 


V. 

APPLICATION  TO  INTERVENE. 

IN  THE  CONFEDERATE  COURT. 

SOUTH  CAROLINA  DISTRICT. 

TEE  CONFEDEBATE STATES  OF  AMERICA,) 

vs.  V 

An  Alien  Enemy.      ) 
To  the  Hon.  A.  G.  Magrath,  Judge  of  the  said  Court. 
The  Petition  of  respectfully  showeth, 

that  he  has  an  interest  in  the  subject-matter  of  the  said  suit, 
and  prays  to  be  admitted  as  a  Defendant,  and  allowed  to  defend 
to  the  extent  of  his  interest. 


IV. 
FORM  OF  AN  ANSWER. 

IN  THE  CONFEDERATE  COURT. 

SOUTH  CAROLINA  DISTRICT. 

TEE  CONFEDERATE  STATES  OF  AMERICAA 

vs.  > 

An  Alien  Enemy.     ) 

To  the  Hon.  A.  G.  Mageath,  Judge  of  the  said  Court. 
The  answer  of  to  the  Petition  in  the  above 

stated  cause,  praying  sequestration  of  the  property  of 
an  Alien  Enemy  ;  respectfully  showeth  : 


vVherefore  the  said  prays  that  the  interest  now 

propounded,  be  protected  in  the  decree  for  sequestration  prayed 
for  in  the  said  Petition;  and  that  such  order  may  be  made  in  the 
case  as  to  the  said  Court  may  seem  meet. 

Affidavit  annexed  to  the  Answer, 

Personally  appeared  and  makes  oath,  that  no  Alien 

Enemy  has  any  interest  in  the  right  set  forth  in  this  answer, 
which  he  asserts  and  for  which  he  litigates,  either  directly  or 
indirectly,  by  trust,  open  or  secret;  that  he  litigates  wholly  for 
himself. 

[If  he  litigateB  for  some  other,  strike  out  the  three  last  words  and  conclude  with  the  following  :] 

for  whom  he  legally  represents,  who  is  a  citizen  of 


; 
/ 


31 

the  Confederate  States, 

[Or  if  a  citizen  or  subject  of  some  other  power,  describe  him  as  tach.] 

and  that  the  said  whom  he  represents,  resides  in 

[Or  if  any  other  relation  exists  between  him  and  the  Defendant,  than  as  above  stated,  set  it  forth.] 

Sworn  to  before  me,  this  day  of  A.  D.  18 — . 


VI. 
JUDGMENT* 

IN  THE  DISTRICT  COURT  OF  TEE  CONFEDERATE  STATES,  ) 

^  ouTH  Carolina  District,  j 

The  Confederate  States  of  America,  vs. 
an  AHen  Enemy. 

And  Whereas  upon  the  hearing  of  the  Petition  in  the  afore- 
said cause,  and  all  other  papers  to  the  same  relating,  together 
with  the  evidence  produced  before  tlic  Jurors,  to  whom  by 
the  order  of  the  Court,  the  same  were  submitted  :  they  the 
gaid  Jurors,  that  is  to  say, 

being  duly  sworn,  did  in  open  Court,  find  by  their  verdict,  then 
and  there  given,  that  the  property  mentioned  in  the  said  Peti- 
tion is  and  has  been  since  the  21st  day  of  May,  A.  1).  1861,  the 
property  of  an  Alien  Enemy  :  Therefore  it  is  now  by  the  said 
Court  ordered  that  the  said  property  be  sequestered  for  tlie 
US3  of  the  Confederate  States  of  America,  according  to  the  Act 
of  the  V-  ongress  of  the  Confederate  States  of  America,  No.  269, 
approved  the  30th  day  of  August,  A.  D.  1861.  And  that  the 
mandate  of  this  Court  forthwith  issue  to  the  Receiver,  to  take 
the  possession,  control  and  management  of  the  said  property 
for  the  use  of  the  Confederate  States  of  America. 


VII. 
COMMISSION  TO  SEQUESTRATE. 

CONFEDERATE  STATES  OF  AMERICA,  \ 
South  Carolina  District,     j 

To  Receiver, 

Whereas,  certain  proceedings  have  been  had  in  the  District 
Court  of  the  Confederate  States,  for  the  District  of  South  Caro- 
lina, sitting  as  a  Court  of  Sequestration,  under  the  Act  of  the 
Confederate  Congress,  entitled  "An  Act  for  the  Sequestration 


8  32  .,. 

of  the  Estate,  Property  and  Eflfects  of  Ali^n  Enemies,  and  for 
the  indemnity  of  Citizens  of  the  Confederate  States,  and  persons 
aiding  the  same  in  the  existing  war  with  the  United  States,"  in 
which  it  was  propounded  to  the  said  Court,  that  within  its 
jurisdiction  certain  property,  to  wit : 

was  the  property  of  an  aHen  enemy  of  the 

Confederate  States  of  America  :  and  subject  to  sequestration 
under  the  provisions  of  the  said  Act :  and  upon  due  considera- 
tion of  the  matters  then  propounded,  the  said  Court  did  adjudge 
and  decree  the  said  property  hereinbefore  described,  to  be  the 
property  of  the  said  an  aUen  enemy  :  and 

under  the  authority  of  the  said  Act  of  the  Confederate  Con- 
gress, did  further  adjudge  and  decree,  that  the  said  property 
should  be  sequestered. 

Now  Know  Ye,  That  in  confidence  of  your  prudence  and 
fidehty,  full  powder  and  authority  are  given  you  to  enter  upon 
the  necessary  lands,  tenements  and  real  estate  whatever  of 
the  said  and  to  collect,  receive  and 

sequester  into  your  hands  for  the  Confederate  States  of  America, 
not  only  all  the  rents  and  net  profits  of  the  messuages,  lands, 
tenements  and  real  estate,  but  also  the  goods,  chattels  and  per- 
sonal estates  whatsoever,  of  the  said 

And  therefore  you  are  commanded  to  go  and  enter  upon  all 
the  messuages,   lands,  tenements  and   real  estate  of  the  said 

and  collect,  take,  and  get  into  your 
hands  not  only  all  the  rents,  and  net  profits  of  the  said  real 
estate,  but  also  all  his  goods,  chattels,  and  personal  estate,  and 
detain  and  keep  the  same  pursuant  to  the  provisions  of  the 
aforesaid  Act  of  the  Congress  of  the  Confederate  States  :  and 
to  the  said  Court  you  will  make  correct  return  of  what  you  may 
do  in  the  premises. 

"Witness,  the  Hon.  A.  G.  Magrath,  Judge  of  the  District  Court 
of  the  Confederate  States,  for  the  District  of  South  Caro- 
lina, this  day  of  A.  D.  1861. 


